Quick Overview
- The type of disposition is the primary factor determining whether expungement is available: For more information, visit the Cornell Law.
- Background check companies report dispositions differently.
- Dismissed (Nolle Prosequi / Nol Pros): The prosecution voluntarily drops the charges.
Types of Criminal Case Dispositions
Non-Conviction Dispositions
- Dismissed (Nolle Prosequi / Nol Pros): The prosecution voluntarily drops the charges. This is the most favorable outcome short of acquittal. The defendant is not convicted. Eligible for expungement in most states.
- Acquitted / Not Guilty: After trial, the judge or jury finds the defendant not guilty. No conviction results. Eligible for expungement in most states.
- Deferred Prosecution / Diversion: The case is suspended while the defendant completes a program (community service, drug treatment, classes). Upon successful completion, charges are typically dismissed. Eligible for expungement after dismissal.
- No True Bill (Grand Jury): The grand jury declines to indict. No charges proceed.
- Stricken from the docket: Removed from active cases, often for administrative reasons. May be reactivated.
Conviction Dispositions
- Guilty / Convicted: Found guilty after trial. Creates a criminal conviction that appears on background checks.
- Guilty Plea: Defendant pleads guilty, often as part of a plea bargain. Creates a conviction.
- No Contest (Nolo Contendere): Defendant does not contest the charges without admitting guilt. Treated as a conviction for most purposes.
- Alford Plea: Defendant pleads guilty while maintaining innocence. Treated as a conviction.
How Disposition Affects Expungement Eligibility
The type of disposition is the primary factor determining whether expungement is available: For more information, visit the Cornell Law.
- Non-conviction dispositions: Generally eligible for expungement immediately in most states. Dismissed charges, acquittals, and successful diversion completions are the strongest candidates.
- Conviction dispositions: Eligible for expungement in some states for certain offense types and after waiting periods. Many states allow expungement of misdemeanors and some felonies. Violent offenses, sex crimes, and certain other categories are typically excluded.
How Disposition Affects Background Checks
Background check companies report dispositions differently. Under the Fair Credit Reporting Act (FCRA), consumer reporting agencies must follow reasonable procedures. Many background checks: For more information, visit the BJS.
- Report non-conviction dispositions if they are in the public record (some states prohibit this)
- Report conviction dispositions going back 7 years for most employment purposes (longer for jobs paying over $75,000)
- Are required to exclude expunged records in states where expungement prevents disclosure
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